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Smile v. Legacy Ballantyne, LLC

United States District Court, W.D. North Carolina, Charlotte Division

April 24, 2019

AL SMILE, Plaintiff,
LEGACY BALLANTYNE, LLC, et al., Defendants.


          Frank D. Whitney, Chief United States District Judge.

         THIS MATTER is before the Court on initial review of the Complaint, (Doc. No. 1).[1]Also pending are Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs, (Doc. No. 2), Motion for Emergency Ex Parte Hearing, (Doc. No. 4), and Motion to Consolidate, (Doc. No. 6).

         I. BACKGROUND

         Pro se Plaintiff purports to file suit under 18 U.S.C. § 241 and 42 U.S.C. § 3631. He names as Defendants Legacy Ballantyne, LLC “Apartment Complex Manager;” Crestmont at Ballantyne Apartments, LLP, “Apt Complex Mgr (Legacy Ballantyne);” GCI Residential, LLC, “Regional Manager of Apt Complexes;” Connie Axiotis, “Apt Complex Manager, ” and Wendy Sikorski, “Regional, Apt Complex Manager.” (Doc. No. 1 at 2). Plaintiff asserts that he resides in Charlotte and that all of the Defendants are located in Charlotte. He argues that the Court has federal question jurisdiction pursuant to §§ 241 and 3631.

         In his Addendum, Plaintiff attempts to replace pages 4 and 5 of the Complaint with typewritten pages.[2] (Doc. No. 3). Plaintiff states his amended claim as follows, verbatim:

My Son's Mom Engaged me in many Years of Litigation regarding custody of our Son! Without Going into any of the Salacious Details in Summary, she dated several Lawyers along the way, two of which Worked at the Same Matrimonial Law Firm in NJ. The 1st Atty of the 3rd floor finally got the Main Atty on the top floor to take her case, they stretched it out for years, ended up getting married. She has engaged into powerplay dirty tricks & tactics by weaponizing this Lawfirm and unlimited resources financially against me. She initially called this Apartment Manager (Connie Axiotis) allured her into the conversation, information manipulation starter. She talked the Mgr into Sabotaging Visa Cards my Son's Mom was using to pay us for Child Assistance/Support, Etc. These were Visa Cash Cards (See Ex. Attached). This happened Jan-2018 and it was baffling, confusing and caused serious issues with Evictions, Etc. They kept trying these Trick Eviction (Techincality) Tactics for several months. Many Court hearings. On July 2nd, in the final hearing, we prevailed (See Attached)! Retaliation Accelerated!

(Doc. No. 3 at 4).[3]

         Plaintiff claims that the Defendants' actions injured him as follows, verbatim:

Due to the Circumstances described above; we did not realize that much of what had happened btw Jan-2018 and July 2nd, 2018 was a Concocted Scheme Orchestrated, Coordinated & Navigated by my Son's Mom! This was not only extremely troubling, it was very disturbing! After we prevailed in the July 2nd case, a false police report was filed by my son's Mom stating some very strange stuff which was designed for a happen chance unfortunate result for me hoping for chaos and mayhem based on her report. When the Officers came and discovered what had just happened they were frustrated & have offered to be witnesses. The very scary thing that happened after was the Apartment Manager tried to stage a scene in order to have me forcefully removed at her sole discretion or she could've had me arrested. We ended up getting very lucky on that one because my Son was Frightened and forced me to Call 911! Had I not been the Annonymous 911 Caller, the Police stated to me that would've have had to believe her! We got lucky because they found the person she staged and was able to interview him and once again, different officers, extremely disturbed and troubled & want to be witnesses!

(Doc. No. 3 at 4).

         Plaintiff seeks $775, 000 from the “main Corporation” because they were “operating behind a Cloak of Secrecy because they failed to cooperate in assisting a major utility (Time Warner/ Spectrum) in getting a building permit to repair a fractured cable in [Plaintiff's] residence that was costly ($4, 000) where the Utility Company was paying for it, ” which cost Plaintiff a “major income stream (Trading Stock/Options/Select Clients)!” (Doc. No. 3 at 4). Plaintiff filed a complaint and “they” had their unethical attorney request a special proceeding and the Court dismissed the case with prejudice “due to the fact they didn't really exist?! It was a non-existing entity” and the court concluded that it lacked jurisdiction. (Doc. No. 3 at 4). The same attorney then filed a “phony disguised Eviction” against Plaintiff a week later and “An Unlawful Order was Executed!” (Doc. No. 3 at 4).


         The Court first addresses Plaintiff's motion to proceed in forma pauperis. Plaintiff's affidavit shows that he has no income or assets. (Doc. No. 2 at 1-3). Plaintiff states that his son's mother and her husband owe him $87, 000, Legacy at Ballantyne owes him $94, 000, and Caudle & Spears, Loebsack & Brownlee owe him $77, 500. (Id. at 3). He claims that his special needs adult son relies on him for support. (Id.). He has not listed any monthly expenses. (Id. at 4-5). He expects changes to his monthly expenses, assets, or liabilities in the next year, stating “Reimbursement during litigation I'm pursuing.” (Id. at 5). Plaintiff does not expect to have any expenses or attorney's fees in conjunction with this lawsuit. (Id.). He explains his inability to pay the costs of these proceedings as follows: “I have been a victim of a vindictive hate crime, riddled with cyber assaults, sabotage, harassment, stalking, mainly my son's mom is vindictively and stopped paying us child support & giving us assistance.” (Id.). The Court is satisfied that Plaintiff does not have sufficient funds to pay the filing fee. The Court will, therefore, allow the motion and permit Plaintiff to proceed in forma pauperis.

         III. ...

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